Property Division
All property acquired during marriage regardless of title, is subject to equitable division in South Dakota divorce. The legal analysis includes a classification of marital/non-marital property and also an analysis of the Length of Marriage, Value of Property Owned, Age of Parties, Health of Parties, and Competency of Parties to earn a living, Contribution of each party to accumulation and Income-Producing Capacity of the assets.
Property disputes in divorces can be the most contentious and you should have legal assistance. Black Hills Mediation and Law can help you through this process and Mediation can reduce the high cost of litigating this issue.
Alimony
Alimony is awarded based on the discretion of the South Dakota trial court when looking at whether property division has any analytical impact on the Court’s discretion to grant alimony and must be considered, and whether the purpose of alimony is not to equalize incomes but to support the needs and standard of living of the spouse.
The Court considers the following factors: length of marriage, each party’s earning capacity, financial conditions after property division; each party’s age, health and physical condition; station in life or social standing; relative fault in termination of marriage; uncertainty of future; anticipated expense is not definitive; and income used on others.
Information to Bring to Your Initial Consultation
At your initial consultation, it is important to bring the following documentation and information with you to discuss property division.
\
Housing/residence
\
Bills/debts
\
Assets and Retirement
\
Personal Property
\
Bank Accounts